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Irs Forms 1040nr

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Irs Forms 1040nr

Irs forms 1040nr 3. Irs forms 1040nr   Personal Exemptions and Dependents Table of Contents What's New Introduction Useful Items - You may want to see: ExemptionsPersonal Exemptions Exemptions for Dependents Qualifying Child Qualifying Relative Phaseout of Exemptions Social Security Numbers for DependentsBorn and died in 2013. Irs forms 1040nr Taxpayer identification numbers for aliens. Irs forms 1040nr Taxpayer identification numbers for adoptees. Irs forms 1040nr What's New Exemption amount. Irs forms 1040nr  The amount you can deduct for each exemption has increased. Irs forms 1040nr It was $3,800 for 2012. Irs forms 1040nr It is $3,900 for 2013. Irs forms 1040nr Exemption phaseout. Irs forms 1040nr  You lose at least part of the benefit of your exemptions if your adjusted gross income is more than a certain amount. Irs forms 1040nr For 2013, this amount is $150,000 for a married individual filing a separate return; $250,000 for a single individual; $275,000 for a head of household; and $300,000 for married individuals filing jointly or a qualifying widow(er). Irs forms 1040nr See Phaseout of Exemptions , later. Irs forms 1040nr Introduction This chapter discusses the following topics. Irs forms 1040nr Personal exemptions — You generally can take one for yourself and, if you are married, one for your spouse. Irs forms 1040nr Exemptions for dependents — You generally can take an exemption for each of your dependents. Irs forms 1040nr A dependent is your qualifying child or qualifying relative. Irs forms 1040nr If you are entitled to claim an exemption for a dependent, that dependent cannot claim a personal exemption on his or her own tax return. Irs forms 1040nr Phaseout of exemptions — Your deduction is reduced if your adjusted gross income is more than a certain amount. Irs forms 1040nr Social security number (SSN) requirement for dependents — You must list the SSN of any dependent for whom you claim an exemption. Irs forms 1040nr Deduction. Irs forms 1040nr   Exemptions reduce your taxable income. Irs forms 1040nr You can deduct $3,900 for each exemption you claim in 2013. Irs forms 1040nr But you may lose at least part of the dollar amount of your exemptions if your adjusted gross income is more than a certain amount. Irs forms 1040nr See Phaseout of Exemptions , later. Irs forms 1040nr How to claim exemptions. Irs forms 1040nr    How you claim an exemption on your tax return depends on which form you file. Irs forms 1040nr    If you file Form 1040EZ, the exemption amount is combined with the standard deduction amount and entered on line 5. Irs forms 1040nr    If you file Form 1040A, complete lines 6a through 6d. Irs forms 1040nr The total number of exemptions you can claim is the total in the box on line 6d. Irs forms 1040nr Also complete line 26. Irs forms 1040nr   If you file Form 1040, complete lines 6a through 6d. Irs forms 1040nr The total number of exemptions you can claim is the total in the box on line 6d. Irs forms 1040nr Also complete line 42. Irs forms 1040nr Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information Form (and Instructions) 2120 Multiple Support Declaration 8332 Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent Exemptions There are two types of exemptions you may be able to take: Personal exemptions for yourself and your spouse, and Exemptions for dependents (dependency exemptions). Irs forms 1040nr While each is worth the same amount ($3,900 for 2013), different rules apply to each type. Irs forms 1040nr Personal Exemptions You are generally allowed one exemption for yourself. Irs forms 1040nr If you are married, you may be allowed one exemption for your spouse. Irs forms 1040nr These are called personal exemptions. Irs forms 1040nr Your Own Exemption You can take one exemption for yourself unless you can be claimed as a dependent by another taxpayer. Irs forms 1040nr If another taxpayer is entitled to claim you as a dependent, you cannot take an exemption for yourself even if the other taxpayer does not actually claim you as a dependent. Irs forms 1040nr Your Spouse's Exemption Your spouse is never considered your dependent. Irs forms 1040nr Joint return. Irs forms 1040nr   On a joint return you can claim one exemption for yourself and one for your spouse. Irs forms 1040nr Separate return. Irs forms 1040nr   If you file a separate return, you can claim an exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. Irs forms 1040nr This is true even if the other taxpayer does not actually claim your spouse as a dependent. Irs forms 1040nr You can claim an exemption for your spouse even if he or she is a nonresident alien; in that case, your spouse must have no gross income for U. Irs forms 1040nr S. Irs forms 1040nr tax purposes, must not be filing a return, and must not be the dependent of another taxpayer. Irs forms 1040nr Death of spouse. Irs forms 1040nr   If your spouse died during the year and you file a joint return for yourself and your deceased spouse, you generally can claim your spouse's exemption under the rules just explained in Joint return . Irs forms 1040nr If you file a separate return for the year, you may be able to claim your spouse's exemption under the rules just described in Separate return . Irs forms 1040nr   If you remarried during the year, you cannot take an exemption for your deceased spouse. Irs forms 1040nr   If you are a surviving spouse without gross income and you remarry in the year your spouse died, you can be claimed as an exemption on both the final separate return of your deceased spouse and the separate return of your new spouse for that year. Irs forms 1040nr If you file a joint return with your new spouse, you can be claimed as an exemption only on that return. Irs forms 1040nr Divorced or separated spouse. Irs forms 1040nr   If you obtained a final decree of divorce or separate maintenance during the year, you cannot take your former spouse's exemption. Irs forms 1040nr This rule applies even if you provided all of your former spouse's support. Irs forms 1040nr Exemptions for Dependents You are allowed one exemption for each person you can claim as a dependent. Irs forms 1040nr You can claim an exemption for a dependent even if your dependent files a return. Irs forms 1040nr The term “dependent” means: A qualifying child, or A qualifying relative. Irs forms 1040nr The terms “ qualifying child ” and “ qualifying relative ” are defined later. Irs forms 1040nr You can claim an exemption for a qualifying child or qualifying relative only if these three tests are met. Irs forms 1040nr Dependent taxpayer test. Irs forms 1040nr Joint return test. Irs forms 1040nr Citizen or resident test. Irs forms 1040nr These three tests are explained in detail later. Irs forms 1040nr All the requirements for claiming an exemption for a dependent are summarized in Table 3-1. Irs forms 1040nr Table 3-1. Irs forms 1040nr Overview of the Rules for Claiming an Exemption for a Dependent Caution. Irs forms 1040nr This table is only an overview of the rules. Irs forms 1040nr For details, see the rest of this chapter. Irs forms 1040nr You cannot claim any dependents if you (or your spouse, if filing jointly) could be claimed as a dependent by another taxpayer. Irs forms 1040nr   You cannot claim a married person who files a joint return as a dependent unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid. Irs forms 1040nr   You cannot claim a person as a dependent unless that person is a U. Irs forms 1040nr S. Irs forms 1040nr citizen, U. Irs forms 1040nr S. Irs forms 1040nr resident alien, U. Irs forms 1040nr S. Irs forms 1040nr national, or a resident of Canada or Mexico. Irs forms 1040nr 1  You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative. Irs forms 1040nr   Tests To Be a Qualifying Child   Tests To Be a Qualifying Relative The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them. Irs forms 1040nr   The child must be (a) under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), (b) under age 24 at the end of the year, a student, and younger than you (or your spouse, if filing jointly), or (c) any age if permanently and totally disabled. Irs forms 1040nr   The child must have lived with you for more than half of the year. Irs forms 1040nr 2  The child must not have provided more than half of his or her own support for the year. Irs forms 1040nr   The child is not filing a joint return for the year (unless that return is filed only to get a refund of income tax withheld or estimated tax paid). Irs forms 1040nr  If the child meets the rules to be a qualifying child of more than one person, only one person can actually treat the child as a qualifying child. Irs forms 1040nr See the Special Rule for Qualifying Child of More Than One Person to find out which person is the person entitled to claim the child as a qualifying child. Irs forms 1040nr   The person cannot be your qualifying child or the qualifying child of any other taxpayer. Irs forms 1040nr   The person either (a) must be related to you in one of the ways listed under Relatives who do not have to live with you , or (b) must live with you all year as a member of your household2 (and your relationship must not violate local law). Irs forms 1040nr   The person's gross income for the year must be less than $3,900. Irs forms 1040nr 3  You must provide more than half of the person's total support for the year. Irs forms 1040nr 4  1There is an exception for certain adopted children. Irs forms 1040nr 2There are exceptions for temporary absences, children who were born or died during the year, children of divorced or separated parents (or parents who live apart), and kidnapped children. Irs forms 1040nr 3There is an exception if the person is disabled and has income from a sheltered workshop. Irs forms 1040nr 4There are exceptions for multiple support agreements, children of divorced or separated parents (or parents who live apart), and kidnapped children. Irs forms 1040nr Dependent not allowed a personal exemption. Irs forms 1040nr If you can claim an exemption for your dependent, the dependent cannot claim his or her own personal exemption on his or her own tax return. Irs forms 1040nr This is true even if you do not claim the dependent's exemption on your return. Irs forms 1040nr It is also true if the dependent's exemption on your return is reduced or eliminated under the phaseout rule described under Phaseout of Exemptions, later. Irs forms 1040nr Housekeepers, maids, or servants. Irs forms 1040nr   If these people work for you, you cannot claim exemptions for them. Irs forms 1040nr Child tax credit. Irs forms 1040nr   You may be entitled to a child tax credit for each qualifying child who was under age 17 at the end of the year if you claimed an exemption for that child. Irs forms 1040nr For more information, see chapter 34. Irs forms 1040nr Dependent Taxpayer Test If you can be claimed as a dependent by another person, you cannot claim anyone else as a dependent. Irs forms 1040nr Even if you have a qualifying child or qualifying relative, you cannot claim that person as a dependent. Irs forms 1040nr If you are filing a joint return and your spouse can be claimed as a dependent by someone else, you and your spouse cannot claim any dependents on your joint return. Irs forms 1040nr Joint Return Test You generally cannot claim a married person as a dependent if he or she files a joint return. Irs forms 1040nr Exception. Irs forms 1040nr   You can claim an exemption for a person who files a joint return if that person and his or her spouse file the joint return only to claim a refund of income tax withheld or estimated tax paid. Irs forms 1040nr Example 1—child files joint return. Irs forms 1040nr You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. Irs forms 1040nr He earned $25,000 for the year. Irs forms 1040nr The couple files a joint return. Irs forms 1040nr You cannot take an exemption for your daughter. Irs forms 1040nr Example 2—child files joint return only as claim for refund of withheld tax. Irs forms 1040nr Your 18-year-old son and his 17-year-old wife had $800 of wages from part-time jobs and no other income. Irs forms 1040nr Neither is required to file a tax return. Irs forms 1040nr They do not have a child. Irs forms 1040nr Taxes were taken out of their pay so they filed a joint return only to get a refund of the withheld taxes. Irs forms 1040nr The exception to the joint return test applies, so you are not disqualified from claiming an exemption for each of them just because they file a joint return. Irs forms 1040nr You can claim exemptions for each of them if all the other tests to do so are met. Irs forms 1040nr Example 3—child files joint return to claim American opportunity credit. Irs forms 1040nr The facts are the same as in Example 2 except no taxes were taken out of your son's pay. Irs forms 1040nr He and his wife are not required to file a tax return. Irs forms 1040nr However, they file a joint return to claim an American opportunity credit of $124 and get a refund of that amount. Irs forms 1040nr Because claiming the American opportunity credit is their reason for filing the return, they are not filing it only to get a refund of income tax withheld or estimated tax paid. Irs forms 1040nr The exception to the joint return test does not apply, so you cannot claim an exemption for either of them. Irs forms 1040nr Citizen or Resident Test You cannot claim a person as a dependent unless that person is a U. Irs forms 1040nr S. Irs forms 1040nr citizen, U. Irs forms 1040nr S. Irs forms 1040nr resident alien, U. Irs forms 1040nr S. Irs forms 1040nr national, or a resident of Canada or Mexico. Irs forms 1040nr However, there is an exception for certain adopted children, as explained next. Irs forms 1040nr Exception for adopted child. Irs forms 1040nr   If you are a U. Irs forms 1040nr S. Irs forms 1040nr citizen or U. Irs forms 1040nr S. Irs forms 1040nr national who has legally adopted a child who is not a U. Irs forms 1040nr S. Irs forms 1040nr citizen, U. Irs forms 1040nr S. Irs forms 1040nr resident alien, or U. Irs forms 1040nr S. Irs forms 1040nr national, this test is met if the child lived with you as a member of your household all year. Irs forms 1040nr This exception also applies if the child was lawfully placed with you for legal adoption. Irs forms 1040nr Child's place of residence. Irs forms 1040nr   Children usually are citizens or residents of the country of their parents. Irs forms 1040nr   If you were a U. Irs forms 1040nr S. Irs forms 1040nr citizen when your child was born, the child may be a U. Irs forms 1040nr S. Irs forms 1040nr citizen and meet this test even if the other parent was a nonresident alien and the child was born in a foreign country. Irs forms 1040nr Foreign students' place of residence. Irs forms 1040nr   Foreign students brought to this country under a qualified international education exchange program and placed in American homes for a temporary period generally are not U. Irs forms 1040nr S. Irs forms 1040nr residents and do not meet this test. Irs forms 1040nr You cannot claim an exemption for them. Irs forms 1040nr However, if you provided a home for a foreign student, you may be able to take a charitable contribution deduction. Irs forms 1040nr See Expenses Paid for Student Living With You in chapter 24. Irs forms 1040nr U. Irs forms 1040nr S. Irs forms 1040nr national. Irs forms 1040nr   A U. Irs forms 1040nr S. Irs forms 1040nr national is an individual who, although not a U. Irs forms 1040nr S. Irs forms 1040nr citizen, owes his or her allegiance to the United States. Irs forms 1040nr U. Irs forms 1040nr S. Irs forms 1040nr nationals include American Samoans and Northern Mariana Islanders who chose to become U. Irs forms 1040nr S. Irs forms 1040nr nationals instead of U. Irs forms 1040nr S. Irs forms 1040nr citizens. Irs forms 1040nr Qualifying Child Five tests must be met for a child to be your qualifying child. Irs forms 1040nr The five tests are: Relationship, Age, Residency, Support, and Joint return. Irs forms 1040nr These tests are explained next. Irs forms 1040nr If a child meets the five tests to be the qualifying child of more than one person, a special rule applies to determine which person can actually treat the child as a qualifying child. Irs forms 1040nr See Special Rule for Qualifying Child of More Than One Person, later. Irs forms 1040nr Relationship Test To meet this test, a child must be: Your son, daughter, stepchild, foster child, or a descendant (for example, your grandchild) of any of them, or Your brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant (for example, your niece or nephew) of any of them. Irs forms 1040nr Adopted child. Irs forms 1040nr   An adopted child is always treated as your own child. Irs forms 1040nr The term “adopted child” includes a child who was lawfully placed with you for legal adoption. Irs forms 1040nr Foster child. Irs forms 1040nr   A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Irs forms 1040nr Age Test To meet this test, a child must be: Under age 19 at the end of the year and younger than you (or your spouse, if filing jointly), A student under age 24 at the end of the year and younger than you (or your spouse, if filing jointly), or Permanently and totally disabled at any time during the year, regardless of age. Irs forms 1040nr Example. Irs forms 1040nr Your son turned 19 on December 10. Irs forms 1040nr Unless he was permanently and totally disabled or a student, he does not meet the age test because, at the end of the year, he was not under age 19. Irs forms 1040nr Child must be younger than you or spouse. Irs forms 1040nr   To be your qualifying child, a child who is not permanently and totally disabled must be younger than you. Irs forms 1040nr However, if you are married filing jointly, the child must be younger than you or your spouse but does not have to be younger than both of you. Irs forms 1040nr Example 1—child not younger than you or spouse. Irs forms 1040nr Your 23-year-old brother, who is a student and unmarried, lives with you and your spouse. Irs forms 1040nr He is not disabled. Irs forms 1040nr Both you and your spouse are 21 years old, and you file a joint return. Irs forms 1040nr Your brother is not your qualifying child because he is not younger than you or your spouse. Irs forms 1040nr Example 2—child younger than your spouse but not younger than you. Irs forms 1040nr The facts are the same as in Example 1 except your spouse is 25 years old. Irs forms 1040nr Because your brother is younger than your spouse, and you and your spouse are filing a joint return, your brother is your qualifying child, even though he is not younger than you. Irs forms 1040nr Student defined. Irs forms 1040nr   To qualify as a student, your child must be, during some part of each of any 5 calendar months of the year: A full-time student at a school that has a regular teaching staff, course of study, and a regularly enrolled student body at the school, or A student taking a full-time, on-farm training course given by a school described in (1), or by a state, county, or local government agency. Irs forms 1040nr The 5 calendar months do not have to be consecutive. Irs forms 1040nr Full-time student. Irs forms 1040nr   A full-time student is a student who is enrolled for the number of hours or courses the school considers to be full-time attendance. Irs forms 1040nr School defined. Irs forms 1040nr   A school can be an elementary school, junior or senior high school, college, university, or technical, trade, or mechanical school. Irs forms 1040nr However, an on-the-job training course, correspondence school, or school offering courses only through the Internet does not count as a school. Irs forms 1040nr Vocational high school students. Irs forms 1040nr   Students who work on “co-op” jobs in private industry as a part of a school's regular course of classroom and practical training are considered full-time students. Irs forms 1040nr Permanently and totally disabled. Irs forms 1040nr   Your child is permanently and totally disabled if both of the following apply. Irs forms 1040nr He or she cannot engage in any substantial gainful activity because of a physical or mental condition. Irs forms 1040nr A doctor determines the condition has lasted or can be expected to last continuously for at least a year or can lead to death. Irs forms 1040nr Residency Test To meet this test, your child must have lived with you for more than half the year. Irs forms 1040nr There are exceptions for temporary absences, children who were born or died during the year, kidnapped children, and children of divorced or separated parents. Irs forms 1040nr Temporary absences. Irs forms 1040nr   Your child is considered to have lived with you during periods of time when one of you, or both, are temporarily absent due to special circumstances such as: Illness, Education, Business, Vacation, or Military service. Irs forms 1040nr Your child is also considered to have lived with you during any required hospital stay following birth, as long as the child would have lived with you during that time but for the hospitalization. Irs forms 1040nr Death or birth of child. Irs forms 1040nr   A child who was born or died during the year is treated as having lived with you more than half of the year if your home was the child's home more than half of the time he or she was alive during the year. Irs forms 1040nr Child born alive. Irs forms 1040nr   You may be able to claim an exemption for a child born alive during the year, even if the child lived only for a moment. Irs forms 1040nr State or local law must treat the child as having been born alive. Irs forms 1040nr There must be proof of a live birth shown by an official document, such as a birth certificate. Irs forms 1040nr The child must be your qualifying child or qualifying relative, and all the other tests to claim an exemption for a dependent must be met. Irs forms 1040nr Stillborn child. Irs forms 1040nr   You cannot claim an exemption for a stillborn child. Irs forms 1040nr Kidnapped child. Irs forms 1040nr   You may be able to treat your child as meeting the residency test even if the child has been kidnapped. Irs forms 1040nr See Publication 501 for details. Irs forms 1040nr Children of divorced or separated parents (or parents who live apart). Irs forms 1040nr   In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. Irs forms 1040nr However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true. Irs forms 1040nr The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all times during the last 6 months of the year, whether or not they are or were married. Irs forms 1040nr The child received over half of his or her support for the year from the parents. Irs forms 1040nr The child is in the custody of one or both parents for more than half of the year. Irs forms 1040nr Either of the following statements is true. Irs forms 1040nr The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. Irs forms 1040nr (If the decree or agreement went into effect after 1984 and before 2009, see Post-1984 and pre-2009 divorce decree or separation agreement , later. Irs forms 1040nr If the decree or agreement went into effect after 2008, see Post-2008 divorce decree or separation agreement , later. Irs forms 1040nr ) A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2013 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during the year. Irs forms 1040nr Custodial parent and noncustodial parent. Irs forms 1040nr   The custodial parent is the parent with whom the child lived for the greater number of nights during the year. Irs forms 1040nr The other parent is the noncustodial parent. Irs forms 1040nr   If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year. Irs forms 1040nr   A child is treated as living with a parent for a night if the child sleeps: At that parent's home, whether or not the parent is present, or In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation together). Irs forms 1040nr Equal number of nights. Irs forms 1040nr   If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income (AGI). Irs forms 1040nr December 31. Irs forms 1040nr   The night of December 31 is treated as part of the year in which it begins. Irs forms 1040nr For example, December 31, 2013, is treated as part of 2013. Irs forms 1040nr Emancipated child. Irs forms 1040nr   If a child is emancipated under state law, the child is treated as not living with either parent. Irs forms 1040nr See Examples 5 and 6. Irs forms 1040nr Absences. Irs forms 1040nr   If a child was not with either parent on a particular night (because, for example, the child was staying at a friend's house), the child is treated as living with the parent with whom the child normally would have lived for that night, except for the absence. Irs forms 1040nr But if it cannot be determined with which parent the child normally would have lived or if the child would not have lived with either parent that night, the child is treated as not living with either parent that night. Irs forms 1040nr Parent works at night. Irs forms 1040nr   If, due to a parent's nighttime work schedule, a child lives for a greater number of days, but not nights, with the parent who works at night, that parent is treated as the custodial parent. Irs forms 1040nr On a school day, the child is treated as living at the primary residence registered with the school. Irs forms 1040nr Example 1—child lived with one parent for a greater number of nights. Irs forms 1040nr You and your child’s other parent are divorced. Irs forms 1040nr In 2013, your child lived with you 210 nights and with the other parent 155 nights. Irs forms 1040nr You are the custodial parent. Irs forms 1040nr Example 2—child is away at camp. Irs forms 1040nr In 2013, your daughter lives with each parent for alternate weeks. Irs forms 1040nr In the summer, she spends 6 weeks at summer camp. Irs forms 1040nr During the time she is at camp, she is treated as living with you for 3 weeks and with her other parent, your ex-spouse, for 3 weeks because this is how long she would have lived with each parent if she had not attended summer camp. Irs forms 1040nr Example 3—child lived same number of nights with each parent. Irs forms 1040nr Your son lived with you 180 nights during the year and lived the same number of nights with his other parent, your ex-spouse. Irs forms 1040nr Your AGI is $40,000. Irs forms 1040nr Your ex-spouse's AGI is $25,000. Irs forms 1040nr You are treated as your son's custodial parent because you have the higher AGI. Irs forms 1040nr Example 4—child is at parent’s home but with other parent. Irs forms 1040nr Your son normally lives with you during the week and with his other parent, your ex-spouse, every other weekend. Irs forms 1040nr You become ill and are hospitalized. Irs forms 1040nr The other parent lives in your home with your son for 10 consecutive days while you are in the hospital. Irs forms 1040nr Your son is treated as living with you during this 10-day period because he was living in your home. Irs forms 1040nr Example 5—child emancipated in May. Irs forms 1040nr When your son turned age 18 in May 2013, he became emancipated under the law of the state where he lives. Irs forms 1040nr As a result, he is not considered in the custody of his parents for more than half of the year. Irs forms 1040nr The special rule for children of divorced or separated parents does not apply. Irs forms 1040nr Example 6—child emancipated in August. Irs forms 1040nr Your daughter lives with you from January 1, 2013, until May 31, 2013, and lives with her other parent, your ex-spouse, from June 1, 2013, through the end of the year. Irs forms 1040nr She turns 18 and is emancipated under state law on August 1, 2013. Irs forms 1040nr Because she is treated as not living with either parent beginning on August 1, she is treated as living with you the greater number of nights in 2013. Irs forms 1040nr You are the custodial parent. Irs forms 1040nr Written declaration. Irs forms 1040nr    The custodial parent may use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. Irs forms 1040nr The noncustodial parent must attach a copy of the form or statement to his or her tax return. Irs forms 1040nr   The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. Irs forms 1040nr Post-1984 and pre-2009 divorce decree or separation agreement. Irs forms 1040nr   If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent may be able to attach certain pages from the decree or agreement instead of Form 8332. Irs forms 1040nr The decree or agreement must state all three of the following. Irs forms 1040nr The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. Irs forms 1040nr The custodial parent will not claim the child as a dependent for the year. Irs forms 1040nr The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent. Irs forms 1040nr   The noncustodial parent must attach all of the following pages of the decree or agreement to his or her tax return. Irs forms 1040nr The cover page (write the other parent's social security number on this page). Irs forms 1040nr The pages that include all of the information identified in items (1) through (3) above. Irs forms 1040nr The signature page with the other parent's signature and the date of the agreement. Irs forms 1040nr Post-2008 divorce decree or separation agreement. Irs forms 1040nr   The noncustodial parent cannot attach pages from the decree or agreement instead of Form 8332 if the decree or agreement went into effect after 2008. Irs forms 1040nr The custodial parent must sign either Form 8332 or a similar statement whose only purpose is to release the custodial parent's claim to an exemption for a child, and the noncustodial parent must attach a copy to his or her return. Irs forms 1040nr The form or statement must release the custodial parent's claim to the child without any conditions. Irs forms 1040nr For example, the release must not depend on the noncustodial parent paying support. Irs forms 1040nr    The noncustodial parent must attach the required information even if it was filed with a return in an earlier year. Irs forms 1040nr Revocation of release of claim to an exemption. Irs forms 1040nr   The custodial parent can revoke a release of claim to exemption that he or she previously released to the noncustodial parent on Form 8332 (or a similar statement). Irs forms 1040nr For the revocation to be effective for 2013, the custodial parent must have given (or made reasonable efforts to give) written notice of the revocation to the noncustodial parent in 2012 or earlier. Irs forms 1040nr The custodial parent can use Part III of Form 8332 for this purpose and must attach a copy of the revocation to his or her return for each tax year he or she claims the child as a dependent as a result of the revocation. Irs forms 1040nr Remarried parent. Irs forms 1040nr   If you remarry, the support provided by your new spouse is treated as provided by you. Irs forms 1040nr Parents who never married. Irs forms 1040nr   This special rule for divorced or separated parents also applies to parents who never married, and who lived apart at all times during the last 6 months of the year. Irs forms 1040nr Support Test (To Be a Qualifying Child) To meet this test, the child cannot have provided more than half of his or her own support for the year. Irs forms 1040nr This test is different from the support test to be a qualifying relative, which is described later. Irs forms 1040nr However, to see what is or is not support, see Support Test (To Be a Qualifying Relative) , later. Irs forms 1040nr If you are not sure whether a child provided more than half of his or her own support, you may find Worksheet 3-1 helpful. Irs forms 1040nr Worksheet 3-1. Irs forms 1040nr Worksheet for Determining Support Funds Belonging to the Person You Supported       1. Irs forms 1040nr Enter the total funds belonging to the person you supported, including income received (taxable and nontaxable) and amounts borrowed during the year, plus the amount in savings and other accounts at the beginning of the year. Irs forms 1040nr Do not include funds provided by the state; include those amounts on line 23 instead 1. Irs forms 1040nr     2. Irs forms 1040nr Enter the amount on line 1 that was used for the person's support 2. Irs forms 1040nr     3. Irs forms 1040nr Enter the amount on line 1 that was used for other purposes 3. Irs forms 1040nr     4. Irs forms 1040nr Enter the total amount in the person's savings and other accounts at the end of the year 4. Irs forms 1040nr     5. Irs forms 1040nr Add lines 2 through 4. Irs forms 1040nr (This amount should equal line 1. Irs forms 1040nr ) 5. Irs forms 1040nr     Expenses for Entire Household (where the person you supported lived)       6. Irs forms 1040nr Lodging (complete line 6a or 6b):         a. Irs forms 1040nr Enter the total rent paid 6a. Irs forms 1040nr       b. Irs forms 1040nr Enter the fair rental value of the home. Irs forms 1040nr If the person you supported owned the home,  also include this amount in line 21 6b. Irs forms 1040nr     7. Irs forms 1040nr Enter the total food expenses 7. Irs forms 1040nr     8. Irs forms 1040nr Enter the total amount of utilities (heat, light, water, etc. Irs forms 1040nr not included in line 6a or 6b) 8. Irs forms 1040nr     9. Irs forms 1040nr Enter the total amount of repairs (not included in line 6a or 6b) 9. Irs forms 1040nr     10. Irs forms 1040nr Enter the total of other expenses. Irs forms 1040nr Do not include expenses of maintaining the home, such as mortgage interest, real estate taxes, and insurance 10. Irs forms 1040nr     11. Irs forms 1040nr Add lines 6a through 10. Irs forms 1040nr These are the total household expenses 11. Irs forms 1040nr     12. Irs forms 1040nr Enter total number of persons who lived in the household 12. Irs forms 1040nr     Expenses for the Person You Supported       13. Irs forms 1040nr Divide line 11 by line 12. Irs forms 1040nr This is the person's share of the household expenses 13. Irs forms 1040nr     14. Irs forms 1040nr Enter the person's total clothing expenses 14. Irs forms 1040nr     15. Irs forms 1040nr Enter the person's total education expenses 15. Irs forms 1040nr     16. Irs forms 1040nr Enter the person's total medical and dental expenses not paid for or reimbursed by insurance 16. Irs forms 1040nr     17. Irs forms 1040nr Enter the person's total travel and recreation expenses 17. Irs forms 1040nr     18. Irs forms 1040nr Enter the total of the person's other expenses 18. Irs forms 1040nr     19. Irs forms 1040nr Add lines 13 through 18. Irs forms 1040nr This is the total cost of the person's support for the year 19. Irs forms 1040nr     Did the Person Provide More Than Half of His or Her Own Support?       20. Irs forms 1040nr Multiply line 19 by 50% (. Irs forms 1040nr 50) 20. Irs forms 1040nr     21. Irs forms 1040nr Enter the amount from line 2, plus the amount from line 6b if the person you supported owned  the home. Irs forms 1040nr This is the amount the person provided for his or her own support 21. Irs forms 1040nr     22. Irs forms 1040nr Is line 21 more than line 20?   No. Irs forms 1040nr You meet the support test for this person to be your qualifying child. Irs forms 1040nr If this person also meets the other tests to be a qualifying child, stop here; do not complete lines 23–26. Irs forms 1040nr Otherwise, go to line 23 and fill out the rest of the worksheet to determine if this person is your qualifying relative. Irs forms 1040nr    Yes. Irs forms 1040nr You do not meet the support test for this person to be either your qualifying child or your qualifying relative. Irs forms 1040nr Stop here. Irs forms 1040nr        Did You Provide More Than Half?       23. Irs forms 1040nr Enter the amount others provided for the person's support. Irs forms 1040nr Include amounts provided by state, local, and other welfare societies or agencies. Irs forms 1040nr Do not include any amounts included on line 1 23. Irs forms 1040nr     24. Irs forms 1040nr Add lines 21 and 23 24. Irs forms 1040nr     25. Irs forms 1040nr Subtract line 24 from line 19. Irs forms 1040nr This is the amount you provided for the person's support 25. Irs forms 1040nr     26. Irs forms 1040nr Is line 25 more than line 20?   Yes. Irs forms 1040nr You meet the support test for this person to be your qualifying relative. Irs forms 1040nr    No. Irs forms 1040nr You do not meet the support test for this person to be your qualifying relative. Irs forms 1040nr You cannot claim an exemption for this person unless you can do so under a multiple support agreement, the support test for children of divorced or separated parents, or the special rule for kidnapped children. Irs forms 1040nr See Multiple Support Agreement or Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) , or Kidnapped child under Qualifying Relative. Irs forms 1040nr   Example. Irs forms 1040nr You provided $4,000 toward your 16-year-old son's support for the year. Irs forms 1040nr He has a part-time job and provided $6,000 to his own support. Irs forms 1040nr He provided more than half of his own support for the year. Irs forms 1040nr He is not your qualifying child. Irs forms 1040nr Foster care payments and expenses. Irs forms 1040nr   Payments you receive for the support of a foster child from a child placement agency are considered support provided by the agency. Irs forms 1040nr Similarly, payments you receive for the support of a foster child from a state or county are considered support provided by the state or county. Irs forms 1040nr   If you are not in the trade or business of providing foster care and your unreimbursed out-of-pocket expenses in caring for a foster child were mainly to benefit an organization qualified to receive deductible charitable contributions, the expenses are deductible as charitable contributions but are not considered support you provided. Irs forms 1040nr For more information about the deduction for charitable contributions, see chapter 24. Irs forms 1040nr If your unreimbursed expenses are not deductible as charitable contributions, they may qualify as support you provided. Irs forms 1040nr   If you are in the trade or business of providing foster care, your unreimbursed expenses are not considered support provided by you. Irs forms 1040nr Example 1. Irs forms 1040nr Lauren, a foster child, lived with Mr. Irs forms 1040nr and Mrs. Irs forms 1040nr Smith for the last 3 months of the year. Irs forms 1040nr The Smiths cared for Lauren because they wanted to adopt her (although she had not been placed with them for adoption). Irs forms 1040nr They did not care for her as a trade or business or to benefit the agency that placed her in their home. Irs forms 1040nr The Smiths' unreimbursed expenses are not deductible as charitable contributions but are considered support they provided for Lauren. Irs forms 1040nr Example 2. Irs forms 1040nr You provided $3,000 toward your 10-year-old foster child's support for the year. Irs forms 1040nr The state government provided $4,000, which is considered support provided by the state, not by the child. Irs forms 1040nr See Support provided by the state (welfare, food stamps, housing, etc. Irs forms 1040nr ) , later. Irs forms 1040nr Your foster child did not provide more than half of her own support for the year. Irs forms 1040nr Scholarships. Irs forms 1040nr   A scholarship received by a child who is a student is not taken into account in determining whether the child provided more than half of his or her own support. Irs forms 1040nr Joint Return Test (To Be a Qualifying Child) To meet this test, the child cannot file a joint return for the year. Irs forms 1040nr Exception. Irs forms 1040nr   An exception to the joint return test applies if your child and his or her spouse file a joint return only to claim a refund of income tax withheld or estimated tax paid. Irs forms 1040nr Example 1—child files joint return. Irs forms 1040nr You supported your 18-year-old daughter, and she lived with you all year while her husband was in the Armed Forces. Irs forms 1040nr He earned $25,000 for the year. Irs forms 1040nr The couple files a joint return. Irs forms 1040nr Because your daughter and her husband file a joint return, she is not your qualifying child. Irs forms 1040nr Example 2—child files joint return only as a claim for refund of withheld tax. Irs forms 1040nr Your 18-year-old son and his 17-year-old wife had $800 of wages from part-time jobs and no other income. Irs forms 1040nr Neither is required to file a tax return. Irs forms 1040nr They do not have a child. Irs forms 1040nr Taxes were taken out of their pay so they filed a joint return only to get a refund of the withheld taxes. Irs forms 1040nr The exception to the joint return test applies, so your son may be your qualifying child if all the other tests are met. Irs forms 1040nr Example 3—child files joint return to claim American opportunity credit. Irs forms 1040nr The facts are the same as in Example 2 except no taxes were taken out of your son's pay. Irs forms 1040nr He and his wife were not required to file a tax return. Irs forms 1040nr However, they file a joint return to claim an American opportunity credit of $124 and get a refund of that amount. Irs forms 1040nr Because claiming the American opportunity credit is their reason for filing the return, they are not filing it only to get a refund of income tax withheld or estimated tax paid. Irs forms 1040nr The exception to the joint return test does not apply, so your son is not your qualifying child. Irs forms 1040nr Special Rule for Qualifying Child of More Than One Person If your qualifying child is not a qualifying child of anyone else, this special rule does not apply to you and you do not need to read about it. Irs forms 1040nr This is also true if your qualifying child is not a qualifying child of anyone else except your spouse with whom you file a joint return. Irs forms 1040nr If a child is treated as the qualifying child of the noncustodial parent under the rules for children of divorced or separated parents (or parents who live apart) described earlier, see Applying this special rule to divorced or separated parents (or parents who live apart), later. Irs forms 1040nr Sometimes, a child meets the relationship, age, residency, support, and joint return tests to be a qualifying child of more than one person. Irs forms 1040nr Although the child is a qualifying child of each of these persons, only one person can actually treat the child as a qualifying child to take all of the following tax benefits (provided the person is eligible for each benefit). Irs forms 1040nr The exemption for the child. Irs forms 1040nr The child tax credit. Irs forms 1040nr Head of household filing status. Irs forms 1040nr The credit for child and dependent care expenses. Irs forms 1040nr The exclusion from income for dependent care benefits. Irs forms 1040nr The earned income credit. Irs forms 1040nr The other person cannot take any of these benefits based on this qualifying child. Irs forms 1040nr In other words, you and the other person cannot agree to divide these benefits between you. Irs forms 1040nr The other person cannot take any of these tax benefits for a child unless he or she has a different qualifying child. Irs forms 1040nr Tiebreaker rules. Irs forms 1040nr   To determine which person can treat the child as a qualifying child to claim these six tax benefits, the following tiebreaker rules apply. Irs forms 1040nr If only one of the persons is the child's parent, the child is treated as the qualifying child of the parent. Irs forms 1040nr If the parents file a joint return together and can claim the child as a qualifying child, the child is treated as the qualifying child of the parents. Irs forms 1040nr If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. Irs forms 1040nr If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year. Irs forms 1040nr If no parent can claim the child as a qualifying child, the child is treated as the qualifying child of the person who had the highest AGI for the year. Irs forms 1040nr If a parent can claim the child as a qualifying child but no parent does so claim the child, the child is treated as the qualifying child of the person who had the highest AGI for the year, but only if that person's AGI is higher than the highest AGI of any of the child's parents who can claim the child. Irs forms 1040nr If the child's parents file a joint return with each other, this rule can be applied by dividing the parents' combined AGI equally between the parents. Irs forms 1040nr See Example 6 . Irs forms 1040nr   Subject to these tiebreaker rules, you and the other person may be able to choose which of you claims the child as a qualifying child. Irs forms 1040nr Example 1—child lived with parent and grandparent. Irs forms 1040nr You and your 3-year-old daughter Jane lived with your mother all year. Irs forms 1040nr You are 25 years old, unmarried, and your AGI is $9,000. Irs forms 1040nr Your mother's AGI is $15,000. Irs forms 1040nr Jane's father did not live with you or your daughter. Irs forms 1040nr You have not signed Form 8332 (or a similar statement) to release the child's exemption to the noncustodial parent. Irs forms 1040nr Jane is a qualifying child of both you and your mother because she meets the relationship, age, residency, support, and joint return tests for both you and your mother. Irs forms 1040nr However, only one of you can claim her. Irs forms 1040nr Jane is not a qualifying child of anyone else, including her father. Irs forms 1040nr You agree to let your mother claim Jane. Irs forms 1040nr This means your mother can claim Jane as a qualifying child for all of the six tax benefits listed earlier, if she qualifies (and if you do not claim Jane as a qualifying child for any of those tax benefits). Irs forms 1040nr Example 2—parent has higher AGI than grandparent. Irs forms 1040nr The facts are the same as in Example 1 except your AGI is $18,000. Irs forms 1040nr Because your mother's AGI is not higher than yours, she cannot claim Jane. Irs forms 1040nr Only you can claim Jane. Irs forms 1040nr Example 3—two persons claim same child. Irs forms 1040nr The facts are the same as in Example 1 except that you and your mother both claim Jane as a qualifying child. Irs forms 1040nr In this case, you, as the child's parent, will be the only one allowed to claim Jane as a qualifying child. Irs forms 1040nr The IRS will disallow your mother's claim to the six tax benefits listed earlier unless she has another qualifying child. Irs forms 1040nr Example 4—qualifying children split between two persons. Irs forms 1040nr The facts are the same as in Example 1 except you also have two other young children who are qualifying children of both you and your mother. Irs forms 1040nr Only one of you can claim each child. Irs forms 1040nr However, if your mother's AGI is higher than yours, you can allow your mother to claim one or more of the children. Irs forms 1040nr For example, if you claim one child, your mother can claim the other two. Irs forms 1040nr Example 5—taxpayer who is a qualifying child. Irs forms 1040nr The facts are the same as in Example 1 except you are only 18 years old and did not provide more than half of your own support for the year. Irs forms 1040nr This means you are your mother's qualifying child. Irs forms 1040nr If she can claim you as a dependent, then you cannot claim your daughter as a dependent because of the Dependent Taxpayer Test explained earlier. Irs forms 1040nr Example 6—child lived with both parents and grandparent. Irs forms 1040nr The facts are the same as in Example 1 except you are married to your daughter's father. Irs forms 1040nr The two of you live together with your daughter and your mother, and have an AGI of $20,000 on a joint return. Irs forms 1040nr If you and your husband do not claim your daughter as a qualifying child, your mother can claim her instead. Irs forms 1040nr Even though the AGI on your joint return, $20,000, is more than your mother's AGI of $15,000, for this purpose each parent's AGI can be treated as $10,000, so your mother's $15,000 AGI is treated as higher than the highest AGI of any of the child's parents who can claim the child. Irs forms 1040nr Example 7—separated parents. Irs forms 1040nr You, your husband, and your 10-year-old son lived together until August 1, 2013, when your husband moved out of the household. Irs forms 1040nr In August and September, your son lived with you. Irs forms 1040nr For the rest of the year, your son lived with your husband, the boy's father. Irs forms 1040nr Your son is a qualifying child of both you and your husband because your son lived with each of you for more than half the year and because he met the relationship, age, support, and joint return tests for both of you. Irs forms 1040nr At the end of the year, you and your husband still were not divorced, legally separated, or separated under a written separation agreement, so the rule for children of divorced or separated parents (or parents who live apart) does not apply. Irs forms 1040nr You and your husband will file separate returns. Irs forms 1040nr Your husband agrees to let you treat your son as a qualifying child. Irs forms 1040nr This means, if your husband does not claim your son as a qualifying child, you can claim your son as a qualifying child for the dependency exemption, child tax credit, and exclusion for dependent care benefits (if you qualify for each of those tax benefits). Irs forms 1040nr However, you cannot claim head of household filing status because you and your husband did not live apart for the last 6 months of the year. Irs forms 1040nr As a result, your filing status is married filing separately, so you cannot claim the earned income credit or the credit for child and dependent care expenses. Irs forms 1040nr Example 8—separated parents claim same child. Irs forms 1040nr The facts are the same as in Example 7 except that you and your husband both claim your son as a qualifying child. Irs forms 1040nr In this case, only your husband will be allowed to treat your son as a qualifying child. Irs forms 1040nr This is because, during 2013, the boy lived with him longer than with you. Irs forms 1040nr If you claimed an exemption or the child tax credit for your son, the IRS will disallow your claim to both these tax benefits. Irs forms 1040nr If you do not have another qualifying child or dependent, the IRS will also disallow your claim to the exclusion for dependent care benefits. Irs forms 1040nr In addition, because you and your husband did not live apart for the last 6 months of the year, your husband cannot claim head of household filing status. Irs forms 1040nr As a result, his filing status is married filing separately, so he cannot claim the earned income credit or the credit for child and dependent care expenses. Irs forms 1040nr Example 9—unmarried parents. Irs forms 1040nr You, your 5-year-old son, and your son's father lived together all year. Irs forms 1040nr You and your son's father are not married. Irs forms 1040nr Your son is a qualifying child of both you and his father because he meets the relationship, age, residency, support, and joint return tests for both you and his father. Irs forms 1040nr Your AGI is $12,000 and your son's father's AGI is $14,000. Irs forms 1040nr Your son's father agrees to let you claim the child as a qualifying child. Irs forms 1040nr This means you can claim him as a qualifying child for the dependency exemption, child tax credit, head of household filing status, credit for child and dependent care expenses, exclusion for dependent care benefits, and the earned income credit, if you qualify for each of those tax benefits (and if your son's father does not, in fact, claim your son as a qualifying child for any of those tax benefits). Irs forms 1040nr Example 10—unmarried parents claim same child. Irs forms 1040nr The facts are the same as in Example 9 except that you and your son's father both claim your son as a qualifying child. Irs forms 1040nr In this case, only your son's father will be allowed to treat your son as a qualifying child. Irs forms 1040nr This is because his AGI, $14,000, is more than your AGI, $12,000. Irs forms 1040nr If you claimed an exemption or the child tax credit for your son, the IRS will disallow your claim to both these tax benefits. Irs forms 1040nr If you do not have another qualifying child or dependent, the IRS will also disallow your claim to the earned income credit, head of household filing status, the credit for child and dependent care expenses, and the exclusion for dependent care benefits. Irs forms 1040nr Example 11—child did not live with a parent. Irs forms 1040nr You and your 7-year-old niece, your sister's child, lived with your mother all year. Irs forms 1040nr You are 25 years old, and your AGI is $9,300. Irs forms 1040nr Your mother's AGI is $15,000. Irs forms 1040nr Your niece's parents file jointly, have an AGI of less than $9,000, and do not live with you or their child. Irs forms 1040nr Your niece is a qualifying child of both you and your mother because she meets the relationship, age, residency, support, and joint return tests for both you and your mother. Irs forms 1040nr However, only your mother can treat her as a qualifying child. Irs forms 1040nr This is because your mother's AGI, $15,000, is more than your AGI, $9,300. Irs forms 1040nr Applying this special rule to divorced or separated parents (or parents who live apart). Irs forms 1040nr   If a child is treated as the qualifying child of the noncustodial parent under the rules described earlier for children of divorced or separated parents (or parents who live apart), only the noncustodial parent can claim an exemption and the child tax credit for the child. Irs forms 1040nr However, the custodial parent, if eligible, or other eligible person can claim the child as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Irs forms 1040nr If the child is the qualifying child of more than one person for these benefits, then the tiebreaker rules just explained determine which person can treat the child as a qualifying child. Irs forms 1040nr Example 1. Irs forms 1040nr You and your 5-year-old son lived all year with your mother, who paid the entire cost of keeping up the home. Irs forms 1040nr Your AGI is $10,000. Irs forms 1040nr Your mother's AGI is $25,000. Irs forms 1040nr Your son's father did not live with you or your son. Irs forms 1040nr Under the rules explained earlier for children of divorced or separated parents (or parents who live apart), your son is treated as the qualifying child of his father, who can claim an exemption and the child tax credit for him. Irs forms 1040nr Because of this, you cannot claim an exemption or the child tax credit for your son. Irs forms 1040nr However, your son's father cannot claim your son as a qualifying child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the earned income credit. Irs forms 1040nr You and your mother did not have any child care expenses or dependent care benefits, so neither of you can claim the credit for child and dependent care expenses or the exclusion for dependent care benefits. Irs forms 1040nr But the boy is a qualifying child of both you and your mother for head of household filing status and the earned income credit because he meets the relationship, age, residency, support, and joint return tests for both you and your mother. Irs forms 1040nr (Note: The support test does not apply for the earned income credit. Irs forms 1040nr ) However, you agree to let your mother claim your son. Irs forms 1040nr This means she can claim him for head of household filing status and the earned income credit if she qualifies for each and if you do not claim him as a qualifying child for the earned income credit. Irs forms 1040nr (You cannot claim head of household filing status because your mother paid the entire cost of keeping up the home. Irs forms 1040nr ) Example 2. Irs forms 1040nr The facts are the same as in Example 1 except your AGI is $25,000 and your mother's AGI is $21,000. Irs forms 1040nr Your mother cannot claim your son as a qualifying child for any purpose because her AGI is not higher than yours. Irs forms 1040nr Example 3. Irs forms 1040nr The facts are the same as in Example 1 except you and your mother both claim your son as a qualifying child for the earned income credit. Irs forms 1040nr Your mother also claims him as a qualifying child for head of household filing status. Irs forms 1040nr You, as the child's parent, will be the only one allowed to claim your son as a qualifying child for the earned income credit. Irs forms 1040nr The IRS will disallow your mother's claim to the earned income credit and head of household filing status unless she has another qualifying child. Irs forms 1040nr Qualifying Relative Four tests must be met for a person to be your qualifying relative. Irs forms 1040nr The four tests are: Not a qualifying child test, Member of household or relationship test, Gross income test, and Support test. Irs forms 1040nr Age. Irs forms 1040nr   Unlike a qualifying child, a qualifying relative can be any age. Irs forms 1040nr There is no age test for a qualifying relative. Irs forms 1040nr Kidnapped child. Irs forms 1040nr   You may be able to treat a child as your qualifying relative even if the child has been kidnapped. Irs forms 1040nr See Publication 501 for details. Irs forms 1040nr Not a Qualifying Child Test A child is not your qualifying relative if the child is your qualifying child or the qualifying child of any other taxpayer. Irs forms 1040nr Example 1. Irs forms 1040nr Your 22-year-old daughter, who is a student, lives with you and meets all the tests to be your qualifying child. Irs forms 1040nr She is not your qualifying relative. Irs forms 1040nr Example 2. Irs forms 1040nr Your 2-year-old son lives with your parents and meets all the tests to be their qualifying child. Irs forms 1040nr He is not your qualifying relative. Irs forms 1040nr Example 3. Irs forms 1040nr Your son lives with you but is not your qualifying child because he is 30 years old and does not meet the age test. Irs forms 1040nr He may be your qualifying relative if the gross income test and the support test are met. Irs forms 1040nr Example 4. Irs forms 1040nr Your 13-year-old grandson lived with his mother for 3 months, with his uncle for 4 months, and with you for 5 months during the year. Irs forms 1040nr He is not your qualifying child because he does not meet the residency test. Irs forms 1040nr He may be your qualifying relative if the gross income test and the support test are met. Irs forms 1040nr Child of person not required to file a return. Irs forms 1040nr   A child is not the qualifying child of any other taxpayer and so may qualify as your qualifying relative if the child's parent (or other person for whom the child is defined as a qualifying child) is not required to file an income tax return and either: Does not file an income tax return, or Files a return only to get a refund of income tax withheld or estimated tax paid. Irs forms 1040nr Example 1—return not required. Irs forms 1040nr You support an unrelated friend and her 3-year-old child, who lived with you all year in your home. Irs forms 1040nr Your friend has no gross income, is not required to file a 2013 tax return, and does not file a 2013 tax return. Irs forms 1040nr Both your friend and her child are your qualifying relatives if the support test is met. Irs forms 1040nr Example 2—return filed to claim refund. Irs forms 1040nr The facts are the same as in Example 1 except your friend had wages of $1,500 during the year and had income tax withheld from her wages. Irs forms 1040nr She files a return only to get a refund of the income tax withheld and does not claim the earned income credit or any other tax credits or deductions. Irs forms 1040nr Both your friend and her child are your qualifying relatives if the support test is met. Irs forms 1040nr Example 3—earned income credit claimed. Irs forms 1040nr The facts are the same as in Example 2 except your friend had wages of $8,000 during the year and claimed the earned income credit on her return. Irs forms 1040nr Your friend's child is the qualifying child of another taxpayer (your friend), so you cannot claim your friend's child as your qualifying relative. Irs forms 1040nr Child in Canada or Mexico. Irs forms 1040nr   You may be able to claim your child as a dependent even if the child lives in Canada or Mexico. Irs forms 1040nr If the child does not live with you, the child does not meet the residency test to be your qualifying child. Irs forms 1040nr However, the child may still be your qualifying relative. Irs forms 1040nr If the persons the child does live with are not U. Irs forms 1040nr S. Irs forms 1040nr citizens and have no U. Irs forms 1040nr S. Irs forms 1040nr gross income, those persons are not “taxpayers,” so the child is not the qualifying child of any other taxpayer. Irs forms 1040nr If the child is not the qualifying child of any other taxpayer, the child is your qualifying relative as long as the gross income test and the support test are met. Irs forms 1040nr   You cannot claim as a dependent a child who lives in a foreign country other than Canada or Mexico, unless the child is a U. Irs forms 1040nr S. Irs forms 1040nr citizen, U. Irs forms 1040nr S. Irs forms 1040nr resident alien, or U. Irs forms 1040nr S. Irs forms 1040nr national. Irs forms 1040nr There is an exception for certain adopted children who lived with you all year. Irs forms 1040nr See Citizen or Resident Test , earlier. Irs forms 1040nr Example. Irs forms 1040nr You provide all the support of your children, ages 6, 8, and 12, who live in Mexico with your mother and have no income. Irs forms 1040nr You are single and live in the United States. Irs forms 1040nr Your mother is not a U. Irs forms 1040nr S. Irs forms 1040nr citizen and has no U. Irs forms 1040nr S. Irs forms 1040nr income, so she is not a “taxpayer. Irs forms 1040nr ” Your children are not your qualifying children because they do not meet the residency test. Irs forms 1040nr But since they are not the qualifying children of any other taxpayer, they are your qualifying relatives and you can claim them as dependents. Irs forms 1040nr You may also be able to claim your mother as a dependent if the gross income and support tests are met. Irs forms 1040nr Member of Household or Relationship Test To meet this test, a person must either: Live with you all year as a member of your household, or Be related to you in one of the ways listed under Relatives who do not have to live with you . Irs forms 1040nr If at any time during the year the person was your spouse, that person cannot be your qualifying relative. Irs forms 1040nr However, see Personal Exemptions , earlier. Irs forms 1040nr Relatives who do not have to live with you. Irs forms 1040nr   A person related to you in any of the following ways does not have to live with you all year as a member of your household to meet this test. Irs forms 1040nr Your child, stepchild, foster child, or a descendant of any of them (for example, your grandchild). Irs forms 1040nr (A legally adopted child is considered your child. Irs forms 1040nr ) Your brother, sister, half brother, half sister, stepbrother, or stepsister. Irs forms 1040nr Your father, mother, grandparent, or other direct ancestor, but not foster parent. Irs forms 1040nr Your stepfather or stepmother. Irs forms 1040nr A son or daughter of your brother or sister. Irs forms 1040nr A son or daughter of your half brother or half sister. Irs forms 1040nr A brother or sister of your father or mother. Irs forms 1040nr Your son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law. Irs forms 1040nr Any of these relationships that were established by marriage are not ended by death or divorce. Irs forms 1040nr Example. Irs forms 1040nr You and your wife began supporting your wife's father, a widower, in 2006. Irs forms 1040nr Your wife died in 2012. Irs forms 1040nr Despite your wife's death, your father-in-law continues to meet this test, even if he does not live with you. Irs forms 1040nr You can claim him as a dependent if all other tests are met, including the gross income test and support test. Irs forms 1040nr Foster child. Irs forms 1040nr   A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Irs forms 1040nr Joint return. Irs forms 1040nr   If you file a joint return, the person can be related to either you or your spouse. Irs forms 1040nr Also, the person does not need to be related to the spouse who provides support. Irs forms 1040nr   For example, your spouse's uncle who receives more than half of his support from you may be your qualifying relative, even though he does not live with you. Irs forms 1040nr However, if you and your spouse file separate returns, your spouse's uncle can be your qualifying relative only if he lives with you all year as a member of your household. Irs forms 1040nr Temporary absences. Irs forms 1040nr   A person is considered to live with you as a member of your household during periods of time when one of you, or both, are temporarily absent due to special circumstances such as: Illness, Education, Business, Vacation, or Military service. Irs forms 1040nr   If the person is placed in a nursing home for an indefinite period of time to receive constant medical care, the absence may be considered temporary. Irs forms 1040nr Death or birth. Irs forms 1040nr   A person who died during the year, but lived with you as a member of your household until death, will meet this test. Irs forms 1040nr The same is true for a child who was born during the year and lived with you as a member of your household for the rest of the year. Irs forms 1040nr The test is also met if a child lived with you as a member of your household except for any required hospital stay following birth. Irs forms 1040nr   If your dependent died during the year and you otherwise qualify to claim an exemption for the dependent, you can still claim the exemption. Irs forms 1040nr Example. Irs forms 1040nr Your dependent mother died on January 15. Irs forms 1040nr She met the tests to be your qualifying relative. Irs forms 1040nr The other tests to claim an exemption for a dependent were also met. Irs forms 1040nr You can claim an exemption for her on your return. Irs forms 1040nr Local law violated. Irs forms 1040nr   A person does not meet this test if at any time during the year the relationship between you and that person violates local law. Irs forms 1040nr Example. Irs forms 1040nr Your girlfriend lived with you as a member of your household all year. Irs forms 1040nr However, your relationship with her violated the laws of the state where you live, because she was married to someone else. Irs forms 1040nr Therefore, she does not meet this test and you cannot claim her as a dependent. Irs forms 1040nr Adopted child. Irs forms 1040nr   An adopted child is always treated as your own child. Irs forms 1040nr The term “adopted child” includes a child who was lawfully placed with you for legal adoption. Irs forms 1040nr Cousin. Irs forms 1040nr   Your cousin meets this test only if he or she lives with you all year as a member of your household. Irs forms 1040nr A cousin is a descendant of a brother or sister of your father or mother. Irs forms 1040nr Gross Income Test To meet this test, a person's gross income for the year must be less than $3,900. Irs forms 1040nr Gross income defined. Irs forms 1040nr   Gross income is all income in the form of money, property, and services that is not exempt from tax. Irs forms 1040nr   In a manufacturing, merchandising, or mining business, gross income is the total net sales minus the cost of goods sold, plus any miscellaneous income from the business. Irs forms 1040nr   Gross receipts from rental property are gross income. Irs forms 1040nr Do not deduct taxes, repairs, or other expenses, to determine the gross income from rental property. Irs forms 1040nr   Gross income includes a partner's share of the gross (not a share of the net) partnership income. Irs forms 1040nr    Gross income also includes all taxable unemployment compensation and certain scholarship and fellowship grants. Irs forms 1040nr Scholarships received by degree candidates and used for tuition, fees, supplies, books, and equipment required for particular courses generally are not included in gross income. Irs forms 1040nr For more information about scholarships, see chapter 12. Irs forms 1040nr   Tax-exempt income, such as certain social security benefits, is not included in gross income. Irs forms 1040nr Disabled dependent working at sheltered workshop. Irs forms 1040nr   For purposes of the gross income test, the gross income of an individual who is permanently and totally disabled at any time during the year does not include income for services the individual performs at a sheltered workshop. Irs forms 1040nr The availability of medical care at the workshop must be the main reason for the individual's presence there. Irs forms 1040nr Also, the income must come solely from activities at the workshop that are incident to this medical care. Irs forms 1040nr   A “sheltered workshop” is a school that: Provides special instruction or training designed to alleviate the disability of the individual, and Is operated by certain tax-exempt organizations, or by a state, a U. Irs forms 1040nr S. Irs forms 1040nr possession, a political subdivision of a state or possession, the United States, or the District of Columbia. Irs forms 1040nr “Permanently and totally disabled” has the same meaning here as under Qualifying Child, earlier. Irs forms 1040nr Support Test (To Be a Qualifying Relative) To meet this test, you generally must provide more than half of a person's total support during the calendar year. Irs forms 1040nr However, if two or more persons provide support, but no one person provides more than half of a person's total support, see Multiple Support Agreement , later. Irs forms 1040nr How to determine if support test is met. Irs forms 1040nr   You figure whether you have provided more than half of a person's total support by comparing the amount you contributed to that person's support with the entire amount of support that person received from all sources. Irs forms 1040nr This includes support the person provided from his or her own funds. Irs forms 1040nr   You may find Worksheet 3-1 helpful in figuring whether you provided more than half of a person's support. Irs forms 1040nr Person's own funds not used for support. Irs forms 1040nr   A person's own funds are not support unless they are actually spent for support. Irs forms 1040nr Example. Irs forms 1040nr Your mother received $2,400 in social security benefits and $300 in interest. Irs forms 1040nr She paid $2,000 for lodging and $400 for recreation. Irs forms 1040nr She put $300 in a savings account. Irs forms 1040nr Even though your mother received a total of $2,700 ($2,400 + $300), she spent only $2,400 ($2,000 + $400) for her own support. Irs forms 1040nr If you spent more than $2,400 for her support and no other support was received, you have provided more than half of her support. Irs forms 1040nr Child's wages used for own support. Irs forms 1040nr   You cannot include in your contribution to your child's support any support paid for by the child with the child's own wages, even if you paid the wages. Irs forms 1040nr Year support is provided. Irs forms 1040nr   The year you provide the support is the year you pay for it, even if you do so with borrowed money that you repay in a later year. Irs forms 1040nr   If you use a fiscal year to report your income, you must provide more than half of the dependent's support for the calendar year in which your fiscal year begins. Irs forms 1040nr Armed Forces dependency allotments. Irs forms 1040nr   The part of the allotment contributed by the government and the part taken out of your military pay are both considered provided by you in figuring whether you provide more than half of the support. Irs forms 1040nr If your allotment is used to support persons other than those you name, you can take the exemptions for them if they otherwise qualify. Irs forms 1040nr Example. Irs forms 1040nr You are in the Armed Forces. Irs forms 1040nr You authorize an allotment for your widowed mother that she uses to support herself and her sister. Irs forms 1040nr If the allotment provides more than half of each person's support, you can take an exemption for each of them, if they otherwise qualify, even though you authorize the allotment only for your mother. Irs forms 1040nr Tax-exempt military quarters allowances. Irs forms 1040nr   These allowances are treated the same way as dependency allotments in figuring support. Irs forms 1040nr The allotment of pay and the tax-exempt basic allowance for quarters are both considered as provided by you for support. Irs forms 1040nr Tax-exempt income. Irs forms 1040nr   In figuring a person's total support, include tax-exempt income, savings, and borrowed amounts used to support that person. Irs forms 1040nr Tax-exempt income includes certain social security benefits, welfare benefits, nontaxable life insurance proceeds, Armed Forces family allotments, nontaxable pensions, and tax-exempt interest. Irs forms 1040nr Example 1. Irs forms 1040nr You provide $4,000 toward your mother's support during the year. Irs forms 1040nr She has earned income of $600, nontaxable social security benefits of $4,800, and tax-exempt interest of $200. Irs forms 1040nr She uses all these for her support. Irs forms 1040nr You cannot claim an exemption for your mother because the $4,000 you provide is not more than half of her total support of $9,600 ($4,000 + $600 + $4,800 + $200). Irs forms 1040nr Example 2. Irs forms 1040nr Your niece takes out a student loan of $2,500 a
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The Irs Forms 1040nr

Irs forms 1040nr Publication 527 - Introductory Material Table of Contents Future Developments What's New Reminders IntroductionSale of main home used as rental property. Irs forms 1040nr Tax-free exchange of rental property occasionally used for personal purposes. Irs forms 1040nr Ordering forms and publications. Irs forms 1040nr Tax questions. Irs forms 1040nr Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 527, such as legislation enacted after it was published, go to www. Irs forms 1040nr irs. Irs forms 1040nr gov/pub527. Irs forms 1040nr What's New Net Investment Income Tax (NIIT). Irs forms 1040nr  Beginning in 2013, you may be subject to the Net Investment Income Tax (NIIT). Irs forms 1040nr NIIT is a 3. Irs forms 1040nr 8% tax on the lesser of net investment income or the excess of modified adjusted gross income (MAGI) over the threshold amount. Irs forms 1040nr Net investment income may include rental income and other income from passive activities. Irs forms 1040nr Use Form 8960, Net Investment Income Tax, to figure this tax. Irs forms 1040nr For more information on NIIT, go to IRS. Irs forms 1040nr gov and enter “Net Investment Income Tax” in the search box. Irs forms 1040nr Reminders Photographs of missing children. Irs forms 1040nr  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Irs forms 1040nr Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Irs forms 1040nr You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Irs forms 1040nr Introduction Do you own a second house that you rent out all the time? Do you own a vacation home that you rent out when you or your family isn't using it? These are two common types of residential rental activities discussed in this publication. Irs forms 1040nr In most cases, all rental income must be reported on your tax return, but there are differences in the expenses you are allowed to deduct and in the way the rental activity is reported on your return. Irs forms 1040nr First, this publication will look at the rental-for-profit activity in which there is no personal use of the property. Irs forms 1040nr We will look at types of income and when each is reported, and at types of expenses and which are deductible. Irs forms 1040nr Chapter 2 discusses depreciation as it applies to your rental real estate activity—what property can be depreciated and how to figure it. Irs forms 1040nr Chapter 3 covers the actual reporting of your rental income and deductions, including casualties and thefts, limitations on losses, and claiming the correct amount of depreciation. Irs forms 1040nr Special rental situations are grouped together in chapter 4. Irs forms 1040nr These include condominiums, cooperatives, property changed to rental use, renting only part of your property, and a not-for-profit rental activity. Irs forms 1040nr Finally, in chapter 5, we will look at the rules for rental income and expenses when there is also personal use of the dwelling unit, such as a vacation home. Irs forms 1040nr Sale or exchange of rental property. Irs forms 1040nr   For information on how to figure and report any gain or loss from the sale, exchange or other disposition of your rental property, see Publication 544, Sales and Other Dispositions of Assets. Irs forms 1040nr Sale of main home used as rental property. Irs forms 1040nr   For information on how to figure and report any gain or loss from the sale or other disposition of your main home that you also used as rental property, see Publication 523, Selling Your Home. Irs forms 1040nr Tax-free exchange of rental property occasionally used for personal purposes. Irs forms 1040nr   If you meet certain qualifying use standards, you may qualify for a tax-free exchange (a like-kind or section 1031 exchange) of one piece of rental property you own for a similar piece of rental property, even if you have used the rental property for personal purposes. Irs forms 1040nr   For information on the qualifying use standards, see Rev. Irs forms 1040nr Proc. Irs forms 1040nr 2008–16, 2008 IRB 547, at http://www. Irs forms 1040nr irs. Irs forms 1040nr gov/irb/2008-10_IRB/ar12. Irs forms 1040nr html . Irs forms 1040nr For more information on like-kind exchanges, see chapter 1 of Publication 544. Irs forms 1040nr Comments and suggestions. Irs forms 1040nr   We welcome your comments about this publication and your suggestions for future editions. Irs forms 1040nr   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Irs forms 1040nr NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Irs forms 1040nr Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Irs forms 1040nr   You can send your comments from www. Irs forms 1040nr irs. Irs forms 1040nr gov/formspubs/. Irs forms 1040nr Click on “More Information” and then on “Comment on Tax Forms and Publications”. Irs forms 1040nr   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Irs forms 1040nr Ordering forms and publications. Irs forms 1040nr   Visit www. Irs forms 1040nr irs. Irs forms 1040nr gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Irs forms 1040nr Internal Revenue Service 1201 N. Irs forms 1040nr Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Irs forms 1040nr   If you have a tax question, check the information available on IRS. Irs forms 1040nr gov or call 1-800-829-1040. Irs forms 1040nr We cannot answer tax questions sent to either of the above addresses. Irs forms 1040nr Useful Items - You may want to see: Publication 463 Travel, Entertainment, Gift, and Car Expenses 523 Selling Your Home 534 Depreciating Property Placed in Service Before 1987 535 Business Expenses 544 Sales and Other Dispositions of Assets 547 Casualties, Disasters, and Thefts 551 Basis of Assets 925 Passive Activity and At-Risk Rules 946 How To Depreciate Property Form (and Instructions) 4562 Depreciation and Amortization 5213 Election To Postpone Determination as To Whether the Presumption Applies That an Activity Is Engaged in for Profit 8582 Passive Activity Loss Limitations Schedule E (Form 1040) Supplemental Income and Loss   See chapter 6, How To Get Tax Help for information about getting these publications and forms. Irs forms 1040nr Prev  Up  Next   Home   More Online Publications